The manslaughter trial of husband and wife Mick and Mairead Philpott and their friend Paul Mosley continued on Friday.
Philpott, 56, Mairead, 31, and Mosley, 46, all deny the manslaughter of six Philpott children in a house fire in Allenton, Derby, last May.
On Thursday, the prosecuting barrister brought his case to a close by telling the court that Philpott "knew precisely what he was doing". Day 28 of the Derby trial2.40pm The case has been adjourned until Monday at 10.15am.2.35pm Mr Smith finished his closing speech by inviting the jury to be "a courageous one" and find Mairead Philpott not guilty.2.25pm Mr Smith reminded the jury of evidence given by staff at the Premier Inn and the mortuary at the Royal Derby Hospital.
He said: "They all said her behaviour was entirely consistent with a mother who had just lost six children, her head was down and she was crying."
Mr Smith has said to the jury "Why would Mairead request to go dogging if she was part of a plan to set a fire? She wouldn't. That would be the last thing on her mind."2pm Mr Smith said Mairead was not mentioned in any of the supposed "confessions" Paul Mosley allegedly made to witnesses about any practice run of the fire.
Mr Smith said the allegation by neighbour Vicky Ferguson that Mairead was stoned on the night of the fire "was a lie".
"It's a lie and a wicked one. Vicky Ferguson told it to put Mairead in a bad light," Mr Smith added.12.45pm Mr Smith said the fact that Mairead did not know why she had petrol on her clothing was "not a crime".
He said: "We say it is pure speculation. Mairead Philpott would not say how it got there. She is not lying to you, she does not know how it got there."12.30pm Speaking about the 999 call, Mr Smith said: "The children are in danger and no-one is suggesting she is trying to do anything other than get those children out. When she is asked by the call operator where the children are she says they are in three bedrooms not one. When she says that she is not part of any plan."
Mr Smith said there was no evidence that the lounge window was open when the fire started. He said: "The evidence is that the window was open at some time during the fire."12.05pm Talking about Mairead's decision to take to the witness box, Mr Smith said: "She could have sat at the back and said `go on, prove it' but she did not, she took the walk. You 12 people hold her in your hands.
"What does an innocent person say in that situation? `I didn't do it' is exactly what she said. She told the truth, the bottom line is she did not do it."
Mr Smith said: "When you make your decision at the end of this trial you can't change your vote like you might do the following week in a reality TV show. The reality is no-one knows exactly what happened." 11.20am Mr Smith is telling the jury how important Mairead's children are to her.
"Even Mick Philpott, with all his influence, would not come before them. She has done some pretty disgusting things but she is not on trial for that, she is on trial for killing her six children. Without Michael Philpott she may amount to something but without her children she is nothing."
Mr Smith said: "When Lisa Willis left, did Mairead throw her hands in the air and shout `yippee I have Mick to myself'? No. This selfless woman tried to help him. It was only when he realised Lisa was not coming back did he start to profess his love for Mairead again. She is 32 years old now and she has nothing."
Finally, he said: "She is no more part of a plan that we are. She is no more part of setting the fire that we are."10.55am Mr Smith has told the jury that Philpott told a number of witnesses who have given evidence that he had a plan. Mr Smith said: "He told them `I have a plan' not `We have a plan'."
He said: "If Mick Philpott had a plan it did not involve Mairead."
Mr Smith is examining the prosecution theory that the fire was started as a plan to frame Ms Willis.
"That is one of the building blocks of the case. Mairead did not want to get rid of Lisa, she loved her, they were like sisters. Lisa Willis said that in her evidence."
Talking about the suicide notes Mairead left, Mr Smith said: "They were not about her having Michael Philpott and their six children they were about Mick getting all 11 children. That was selfless. Selfless and stupid. That is the theme of those suicide notes."10.35am Mr Smith has opened his closing speech by saying: "Mairead Philpott was a great mum. She would not harm any child. She would not do anything to put her own children in danger. She does not have a bad bone in her body. Those are not my words, but those of Lisa Willis.
"The prosecution are saying she was prepared to gamble the lives of her own six children to ensure the return of the other five who belonged to Lisa Willis.
"It beggars belief she would do this. She would not even let them play in the street or cook on the front two rings of the cooker in case the children came to harm."
Mr Smith continued: "On her admission, she has done some pretty shameful things but not that. Not when it involved her children. Whatever levels we're reduced to we all have a line beyond which we are not prepared to go. You can be sure with Mairead Philpott that line involves her children."10.25am Mr Orchard said: "There is no evidence who set the fire or how.
"There is no way the prosecution can say how the petrol got onto the floor in the hallway.
"Don't make Mick Philpott a scapegoat."
Mr Orchard has finished his closing speech by telling the jury that his client is not guilty.10.10am The Philpotts and Mosley are back in the dock. Philpott is in a grey suit, white shirt and pink tie, Mairead is wearing a blue cardigan and Mosley is in a black shirt.
Mr Orchard said: "Where Mr Philpott did not help himself was keeping the sex and dogging from the police. But why? The shame, embarrassment, disgrace. The public and press humiliation."
Mr Orchard said: "He didn't want the public humiliation again. He did not want to give Lisa Willis a handful of aces in their custody battle."*THE PHILPOTT TRIAL: Visit our Philpott trial channel here for all related stories in the fire death case.
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